Stephens’ Squibs – April 2017

Cook v. Cook, 42 Fla.L.Weekly D770 (Fla. 2nd DCA 2017). Even without a transcript, denial of alimony remanded when judgment failed to make findings as to need and ability.

Martinez v. Martinez, 42 Fla.L.Weely D769 (Fla. 2nd DCA 2017). Error to award $600 per month in permanent alimony in 30 year marriage was reversed when it did not meet Wife’s basic needs and Husband has ability.

Appeals:

Rodriguez v. Lorenzo, 42 Fla.L.Weekly D790 (Fla. 3ed DCA 2017). Without a transcript, appellate court could not determine if trial court erred denying alimony in short term marriage. Appellate court has no jurisdiction to address “psychological damages” allegedly incurred during pendency of appeal.

Attorneys’ Fees:

Frezza v. Frezza, 42 Fla.L.Weekly D881 (Fla. 2nd DCA 2017). Final judgment that had one paragraph awarding fees and one paragraph stating each party pay their own, remanded for clarification.

Sciame v. Sciame, 42 Fla.L.Weekly D770 (Fla. 3nd DCA 2017). Trial court reversed for requiring former husband to elect summer benefits for the former wife when parties did not agree to that in martial settlement agreement.

Injunctions:

Noe v. Noe, 42 Fla.L.Weekly D875 (Fla. 1st DCA 2017). Under circumstances of this case, court did not abuse discretion in denying motion to dissolve injunction when respondent was incarcerated for an extended period.

Modification:

Regan v. Regan, 42 Fla.L.Weekly 828 (Fla. 4th DCA 2017). Trial court affirmed for not imputing income or imputing income on investments in modification case where former wife never worked and final judgment did not contemplate equitable distribution would be used for support.

Riddle v. Riddle, 42 Fla.L.Weekly D705 (Fla. 4th DCA 2017). Substantial change of circumstances was not necessary for court to modify temporary relief order. A court may, upon good cause shown, and without a showing of a substantial change of circumstances, modify, vacate or set aside temporary order before or upon entering a final order.